3301-73-25 Automatic revocation or denial.

(A) The superintendent shall revoke a license or deny issuance or renewal of a license upon learning of a plea of guilty to, a finding of guilty by a jury or court of, or a conviction of any of the offenses listed in divisions (C) or (F) of section 3319.31 of the Revised Code.

(B) The superintendent shall obtain certified court records to verify a plea of guilty to, a finding of guilty by a jury or court of, or a conviction of any of the offenses listed in divisions (C) or (F) of section 3319.31 of the Revised Code. In the case of a sealed or expunged conviction, the superintendent shall obtain any and all records, including official results of a criminal background check, to verify a plea of guilty to, a finding of guilty by a jury or court of, or a conviction of any of the offenses listed in divisions (C) or (F) of section 3319.31 of the Revised Code.

(C) Upon receiving either official results of a criminal background check or certified court records and verifying a plea of guilty to, a finding of guilty by a jury or court of, or a conviction of any of the offenses listed in divisions (C) or (F) of section 3319.31 of the Revised Code, the superintendent shall issue a written order revoking the license or denying issuance or renewal of the license. The revocation or denial of the license shall be effective immediately, and the respondent has no right to appeal the superintendent's written order pursuant to division (C) of section 3319.31 of the Revised Code.

(1) The written order shall contain the following information:

(a) That the revocation or denial of the license shall be effective immediately upon the date of the written order;

(b) Notification to the respondent of the plea of guilty to, finding of guilt by a jury or court of, or conviction that is the basis for the written order;

(c) That the respondent has no right to appeal the superintendent's written order under Chapter 119. of the Revised Code pursuant to division (C) of section 3319.31 of the Revised Code;

(d) That the respondent shall no longer be permitted to hold any position that requires a license issued by the state board in any school district in the state;

(e) That the respondent shall be ineligible for and shall not apply for any license issued by the state board; and

(f) That the revocation or denial of the license shall remain in effect during the pendency of an appeal by the respondent of the plea of guilty, finding of guilt, or conviction that is the basis for the written order.

(2) The written order shall be sent by registered mail to the respondent.

(a) If the written order is returned because the respondent failed to claim or refused delivery of the written order, the superintendent shall send the written order by first class mail to the respondent at the respondent's last known address, and shall obtain a certificate of mailing. Service by first class mail is complete when the certificate of mailing is obtained, unless the notice is returned showing failure of delivery.

(b) If the written order sent by registered or first class mail is returned for failure of delivery, the superintendent shall make personal delivery of the notice by an employee, agent of the agency, or agent hired by the agency, or shall cause a summary of the substantive provisions of the written order to be published in the educator conduct database and the educator's electronic credential history, which can be accessed through the department's website (ducation.ohio.gov [File Link Not Available]).

(3) The written order shall be sent by first class mail to the respondent's attorney and any former, current, or reporting school district.

Effective: 03/27/2014
R.C. 119.032 review dates: 01/07/2014 and 12/23/2018
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3319.31 , 3319.311
Rule Amplifies: 3319.31 , 3319.311
Prior Effective Dates: 05/23/2009